Tomball votes down anti-immigrant measure

Tomball votes down housing ban on illegal immigrants

Published 5:30 am, Tuesday, September 7, 2010

Hirma Jasso makes a statement to the Tomball City Council in favor of the day laborer site during a crowded meeting on Tuesday night. Several matters concerning immigrants were discussed.﻿

Hirma Jasso makes a statement to the Tomball City Council in favor of the day laborer site during a crowded meeting on Tuesday night. Several matters concerning immigrants were discussed.﻿

Photo: Michael Paulsen, Chronicle

Tomball votes down anti-immigrant measure

1 / 1

Back to Gallery

The Tomball City Council late Tuesday defeated a proposal to make English the city's official language and voted down another measure seeking to prohibit illegal immigrants from renting or owning property or owning or operating a business there.

The council also voted to keep the city's day laborer site open and operating, despite vociferous protests from some in the audience.

And officials delayed taking action on a proposal to award city contracts strictly to companies and subcontractors that hire and use only people who are in the United States legally as employees.

Most council members agreed that making English the city's official language was an unnecessary move that would not enhance Tomball's image or interests. And most of the city's elected officials appeared leery of the idea seeking to limit undocumented immigrants' property rights, noting it could bring an avalanche of lawsuits challenging its constitutionality, which could cost the city millions.

"I'd sure hate to take our people down that route," said City Councilman Rick Brown. "It's lawsuit after lawsuit."

Councilman Preston Dodson agreed, saying such a move could have "huge constitutionality issues."

All of the controversial measures, which drew both strong support and heated opposition from citizens and activists Tuesday night, were proposed by first-term Tomball City Councilman Derek Townsend Sr. His move to place the items on Tuesday's agenda was seconded by Councilman Mark Stoll, who said he did not support the proposals but wanted to give Townsend a venue for discussion.

Residents representing several Texas Tea Party groups recently requested the day laborer site be shut down because they said it provides shelter and access to employment for illegal immigrants, which they argued is against the law. Some critics have called Tomball a "sanctuary city" because of the site's operation. But City Attorney Scott Bounds said he has researched the issue and found that allowing the site to operate does not violate federal law.

Townsend did not seek to close the site, but proposed only legal U.S. citizens permitted by the city be allowed to seek work at the property off East Main Street. That idea received a cold shoulder from the rest of council Tuesday.

Townsend told the audience his proposals were not about racism, but about standing up for the U.S. Constitution.

Townsend, before Tuesday's meeting, said he proposed the measures to show that "small-town America is fed up with the federal government" not enforcing the laws.

"For 10 years I've been trying to do something about the illegal immigration — it's getting way out of hand," Townsend said. "People have been working all their lives and paying Social Security, and by the time I retire, I might not have Social Security. So it's a concern."

Council chambers filled to capacity, with 140 people packing the room, the maximum allowed by fire code. As some speakers would leave, others waiting outside city hall would enter. More than 30 people spoke publicly to council about Townsend's proposals Tuesday. Mayor Gretchen Fagan denied requests to limit the number of speakers or to allow comments only by Tomball residents because, she said “I believe speaking is important.”

For the most part, the audience maintained decorum. But when a few visitors became unruly, such as coughing while they yelled the word “Commie” at some speakers addressing council, Tomball Police Chief Robert Hauck stood and called for calm, reminding people of the law addressing behavior at City Council meetings.

The day laborer site, which has operated for 10 years, drew the most comments by far. In June, several people questioned why the city should fund the day labor site after council considered renewing a lease agreement with Frank DeNina and Russell DeDenina, who are with the owners of the 3.5-acre property on South Sycamore Street and east of the Burlington Northern Railroad tracks. The city entered in a lease agreement for the site a decade ago and has paid about $1,400 annually in property taxes as required by the contract.

Last month, council decided to delay consideration of renewing the lease agreement until December so city staff could pursue discussions with the Greater Tomball Area Chamber of Commerce and other local businesses about taking over that lease agreement.

Sal Navarro, a Hispanic pastor of a Tomball church, asked Tuesday that the site not be closed and bristled at another speaker's suggestion comparing illegal immigrants to dogs.

"These people are people - they are not dogs," Navarro said. "The people in my church are not illegal. They're just out of a job. But if you look at the color of their skin, you might think they're illegal."

But Tomball resident Mark Degge suggested the day laborer site threatens Tomball's safety.

"If I just wandered over to the day laborer site, it appears I could drink, loiter and litter. I've witnessed that going on over there," Degge said. "I want this town to be safe, but many heinous crimes are being committed every day by illegal aliens. It's not about racism."

Dodson agreed the site could be run better, and Fagan encouraged residents who see illegal activities occurring there to call Tomball police.

Tomball resident Ken Shuman urged council not to allow themselves to be bullied by outsiders on the issues.

"America is a country of freedom and opportunity," Shuman said. "It baffles me that we're arguing over a site that offers both. I'm offended that this group of outsiders is seemingly trying to bully our City Council and mayor.

“Having a day laborer site doesn’t break any law,” Shuman said, a comment which caused many in the audience to laugh out loud. “It’s good for the residents in our community who need work. It’s not the job description of the City Council to regulate immigration.”

Tomball resident Tony Mooney reminded council of an elderly retired schoolteacher in Tomball who was raped and beaten to death by an illegal immigrant who later fled to Mexico.

"I'm so tired of all these stories of how we should feed and take care of them," Mooney said of undocumented immigrants. "And all I'm hearing is horror stories. Saturday on the corner, you have La Raza, anarchists and Marxists supporting our mayor and City Council."

According to U.S. Census Bureau figures, Tomball had an estimated population of 10,209 people last year. According to the 2000 census a decade ago, 12 percent of the city's population was Hispanic, while 87 percent was white.

In 2006, Farmers Branch, a city in Dallas County, voted to make English the city's official language. In 2007, Farmers Branch also decided to prohibit landlords from renting property to illegal immigrants. A federal judge this year ruled the ordinance unconstitutional.